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Inside the Mediation Room - Guests: Susan Guthrie and Woody Mosten
For this third episode of Inside the Mediation Room, Karen and Michael Aurit host mediation legends and innovators Susan Guthrie and Woody Mosten. Like the two previous episodes with Don Saposnek and Bill Eddy, this is a "must see" new resource.
Compulsory Civil Mediation in Italy 2011 - 2021: Past, Present and (likely) Future
Mandatory civil and commercial mediation came in force in Italy in 2011. This article looks at the update ten years later, based on official statistical data on year 2021 just published by the Italian Ministry of Justice.
Lessons Learned from the Implementation of a Video Eviction Mediation Program in Uncertain Times
This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation. The AAA-ICDR’s grant is enabling RSI to expand our outreach to court ADR colleagues working in the fast-evolving eviction field, and we are tremendously grateful to the Foundation for their support.
How Best to Resolve Conflicts in the Health Care Setting
The world of health care has changed dramatically during the past two years. It was already experiencing various pressures, and with the arrival of the COVID-19 pandemic, existing problems, like increasing costs and worker shortages, were exacerbated.
Are You Separate From Your Surrounding Systems?
In previous blogs, I’ve examined such inner reflections as who determines your self-worth (you or others) and how you resolve the conflict between your ego and your soul.
7 Points on the War and Dialogue from Ukrainian Mediators and Dialogue Facilitators
This document was developed by Ukrainian mediators and dialogue facilitators to convey their voice and professional opinion to major actors in the international sphere of conflict transformation.
Personal Transformations are Required for Corporate Transformation
I’m publishing this article to discuss the nuances of the four timeless topics for people and organizations: conflict, change, transformation, and consciousness.
The Art of the Term Sheet
Have you ever had the experience when working on a matter with a client where you are sent, at the outset, a complete multi-page agreement by counsel of the other party? And then you see revision after revision?
Confidence in Conflict: Three Methods to Resolving Conflict Without Losing Your Cool
In coaching we often suggest clients that they “keep Amy in the backseat” when you’re in a conflict. We are referring to your Amygdala.
Bregant, Robbenolt, and Winship - Perceptions on Settlement
We don’t post a lot of scholarship updates here as there are many better outlets for that, but once and a while something comes out that catches our attention – such as this.
Lessons Learned from the Implementation of a Video Eviction Mediation Program in Uncertain Times
This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation.
Self-Determination in Mediation
Allowing parties to make their own choices and come to their own decisions regarding the outcome of a dispute is a fundamental tenet of court-annexed mediation.
Chemistry and the World of Mediation
I have been fortunate in the more than 25 years I have been mediating cases. I have met and worked with a great number of fine lawyers and laypeople and have learned about how people tend to think and what they want when in a dispute.
5 Ways Custody Mediation in Ontario is Unique
One of the most popular alternative dispute resolution (ADR) processes in Ontario is mediation. Knowing these five traits unique to mediation in Ontario could help you determine whether the process is right for you.
Your Rearview Mirror
Experiences and relationships of the past form us to be the people that we are. There are lessons, treasured moments, and fond experiences. Don’t discard the rearview mirror.
Mediate.com Announces Launch of New Online Dispute Resolution Platform: ODR.com
This new platform combines the functionality of CaseloadManager.com and CREKODR.com, creating the most powerful ODR system in the world!
Will You or the Conflict Be Something You'll Laugh at Some Day?
It’s somewhat counterintuitive to think and say we actually laugh at our interpersonal disputes!
Beware of Email Agreements!
The American Bar Association published a story warning us all to be careful about settling by email.
7 Tips for Parents Talking to the Kids About Divorce or Separation
This article discusses breaking the news to the kids.
The Avoiding Culture in Organizations
Many organizations seem to have a strong avoiding culture, which can best be investigated with a specific change in TKI instructions.
Empathy In Toxic Partisan Pandemic-Based Conflicts: How Organizational Strategy Can Help Us Do Better
This article examines what the COVID impact has been on our culture--what can we learn from this to prevent conflict going forward?
Marital Mediation: Where Are We Going?
This article addresses the need for further study to help more clearly delineate the process of Marital Mediation from Marital Therapy, and perhaps help MM become more widely known as a legitimate process and therefore utilized as a first attempt at healing the relationship.
Mediating Commercial Disputes: Understanding the Process to Maximize the Benefits
Often, parties may be hesitant to agree to mediation.
Top 5 Ways to Build a Diverse and Inclusive Company Culture
Diversity, equity and inclusion (DE&I) is a clear business differentiator, and it has never been more critical, particularly in light of the pandemic, which has brought about a mass exodus of professionals leaving their jobs.
Conflict - Like a Dance? Really!
“Like a dance, conflict escalation generally requires the participation of both parties.” Brian Mistler
BATNAs and Anchors
We are all taught that before entering into any negotiation, we should give some thought to what our best alternative is if we do not settle (that is, our Best Alternative to a Negotiated Agreement or BATNA.)
The Art of the Simple in Mediation
I have no idea what I will do when I go to mediate a matter. After 30 years of practice the only thing I know is that the parties are stuck and if they have lawyers, the lawyers are stuck.
The War in Ukraine: Lessons for Mediators
Every defeat in every war is a tragedy, not merely for the nations, factions, and citizens of countries who have died or been conquered, but for each and all of us everywhere – and not just abstractly, but as very real, very personal losses.
Perhaps the Eyewitness is Correct!
In various blogs throughout the years, I have discussed the unreliability of eyewitness testimony and of misidentification. But I am realizing the issue is more complex.
Mediate.com Great Reads Book Club: Jacob Ward Interviewed by Amy Schmitz
Recording of the eleventh episode of Mediate.com's Great Reads Book Club: Jacob Ward talks about his book "The Loop: How Technology is Creating a World Without Choices and How to Fight Back," hosted by Prof. Amy Schmitz.
Mediate University Course Bundles
Here are Mediate University's Course "Bundles" to help you best and most affordably accomplish mediation basic and advanced training online.
Mediate.com Podcast 18: How Emotions, Behavioral Economics & Neuroscience Factor into Decision Making in Mediation
The Mediate.com Podcast, hosted by mediator Veronica Cravener, covers everything in the world of mediation. Episode 18 features Lucia Kanter St. Amour--attorney, author, international negotiation lecturer & mediator, who provides a basic overview of behavioral science principles relevant to mediators and provides takeaways for how mediators can help keep parties on a productive path in mediation.
History of Decision Making and Application to Dispute Resolution
Decision-making is an integral part of conflict resolution. Any decisions taken at any level during the resolution process must consider all the conflicting needs of the individuals who are in conflict.
How JAMS Is Striving to Make Its Workplace Greener
This article discusses dispute resolution people, planet, and profits.
Reducing Litigation Costs in Noncompete Litigation: Former Employer’s Perspective (Part 1 of 2)
Tightening labor markets and high demand for key employees increase pressure on employers to enforce covenants not to compete.
What Are the Benefits of Mediation When Getting a Divorce?
Divorces tend to be difficult and costly. In complicated situations, mediation can be an alternative that reduces conflict and helps settle differences.
Managing Multi-Party Construction Disputes
Co-mediation works well in large-scale construction disputes because it exchanges information among participants more efficiently and expands capacity to solve problems.
The Known and the Unknown
“There are known knowns. There are things we know we know. We also know there are known unknowns. That is to say, we know there are some things we do not know. But there are also unknown unknowns, the ones we don’t know we don’t know.”
Know Your Worth
“Know your worth. You must find the courage to leave the table if respect is no longer being served.” Tene Edwards
A Mediator's Reaction to the Invasion of Ukraine
The recent events in Ukraine made me think about mediation in high-level conflicts, and ask myself whether I could maintain equidistance in a case of armed conflict.
[PODCAST] Demystifying Mediation Myths in the Construction Industry
A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry.
Values in Mediation
Values are a set of beliefs we hold onto and fall back on whenever we speak or act. They are – or should be – at the root of every decision we make and the lens through which we see the world.
Parenthood Changed My Conflict Style
There is a principle in Style Matters that I hope to expand on as my children mature: Make reflective conversation about conflict responses a routine part of life.
How to Resolve Conflict Between Manager and Employee
Figuring out how to resolve conflict between manager and employee sometimes requires on-the-job training. In other words, you might not know what to do until the stress is high and someone needs to intervene.
Mediating Employment Disputes: Between a Clock and a Hard Case
The COVID-19 pandemic has forced companies across all industries and around the globe to recognize that there are differences in how their employees live and thrive.
Evolution of New Normals in Dispute Resolution
The question “Is remote justice still justice?” implies that in-person justice really is justice.
Mediate.com Podcast Episode 17: Workplace Mediation: It’s all in the Preparation
The Mediate.com Podcast, hosted by mediator Veronica Cravener, covers everything in the world of mediation. Episode 17 features Dr. Debra Dupree and focuses on the importance of preparation. Preparation is key when it comes to all mediation, but especially workplace mediation.